“(7B)If it appears that at the time of his arrest a youth rehabilitation order, as defined in Part 1 of the Criminal Justice and Immigration Act 2008, is in force in respect of him, the responsible officer, as defined in section 4 of that Act, shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.”

3(1)Section 49 (restrictions on reports of proceedings in which children or young persons are concerned) is amended as follows.

(2)In subsection (2), for paragraphs (c) and (d) substitute—

“(c)proceedings in a magistrates' court under Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders);

(d)proceedings on appeal from a magistrates' court arising out of any proceedings mentioned in paragraph (c) (including proceedings by way of case stated).”

5The Firearms Act 1968 has effect subject to the following amendments.

6In section 21(3ZA)(a) (possession of firearms by persons previously convicted of crime), after “2003”, insert “, or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,”.

7In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of certificate by convicting court), after “2003”, insert “, or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008,”.

16(1)Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows.

(2)In subsection (1)(c), for the words from “supervision order” to “2000” substitute “youth rehabilitation order imposing a local authority residence requirement”.

(3)In subsection (2), for the words from “supervision order” to “2000” substitute “youth rehabilitation order imposing a local authority residence requirement”.

17(1)Section 32 (detention of absentees) is amended as follows.

(2)In subsection (1A)—

(a)in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008”, and

(b)for paragraph (b) substitute—

“(b)from local authority accommodation—

(i)in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or

(ii)to which he has been remanded under paragraph 21 of Schedule 2 to that Act; or

(iii)to which he has been remanded or committed under section 23(1) of this Act,”.

(3)For subsection (1C) substitute—

“(1C)In this section “the responsible person” means, as the case may be—

(a)the person who made the arrangements under paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008;

(b)the authority specified under paragraph 17(5) of Schedule 1 to that Act;

(c)the authority designated under paragraph 21(10) of Schedule 2 to that Act; or

(d)the authority designated under section 23 of this Act.”

(4)After subsection (1C) insert—

“(1D)If a child or young person—

(a)is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and

(b)is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside,

he may be arrested by a constable anywhere in the United Kingdom without a warrant.

(1E)A person so arrested shall be conducted to—

(a)the place where he is required to reside, or

(b)such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct,

at that local authority’s expense.”

(5)In subsection (2), for “or (1A)” substitute “, (1A) or (1D)”.

(6)In subsection (2A), for the words from “mentioned in subsection” to “this section is in premises” substitute “mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in premises”.

(7)In subsection (2B)—

(a)after “subsection (1A)” insert “or (1D)”, and

(b)at the end insert “or the responsible officer, as the case may be.”

(8)In subsection (3), for “or (1A)” substitute “, (1A) or (1D)”.

(9)In subsection (4), after “(1A)” insert “, (1D)”.

18In section 70(1) (interpretation)—

(a)omit the definition of “supervision order”,

(b)after the definition of “local authority accommodation” insert—

““local authority residence requirement” has the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008;”, and

(c)after the definition of “youth offending team” insert—

““youth rehabilitation order” and “youth rehabilitation order with fostering” have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act);”.

Criminal Justice Act 1982

26Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements for transfer of community service orders from Northern Ireland) has effect subject to the following amendments.

27(1)Paragraph 7 (transfer to England and Wales) is amended as follows.

(2)In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such orders” substitute “an unpaid work requirement of a community order under section 177 of the Criminal Justice Act 2003 or youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008”.

(b)omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

(4)In sub-paragraph (3)—

(a)for “A community service order” substitute “An adult community service order”, and

(b)in paragraph (b)—

(i)omit “within the meaning of Part 12 of the Criminal Justice Act 2003”, and

(ii)for “by that Part of that Act” substitute “by Part 12 of the Criminal Justice Act 2003”.

(5)After sub-paragraph (3) insert—

“(4)A youth community service order made or amended in accordance with this paragraph shall—

(a)specify the local justice area in England or Wales in which the offender resides or will be residing when the order or the amendment comes into force; and

(b)require—

(i)the local probation board for that area established under section 4 of the Criminal Justice and Court Services Act 2000 or (as the case may be) a provider of probation services operating in that area, or

(ii)a youth offending team established under section 39 of the Crime and Disorder Act 1998 by a local authority for the area in which the offender resides or will be residing when the order or amendment comes into force,

to appoint a person who will discharge in respect of the order the functions in respect of youth rehabilitation orders conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008.

(5)The person appointed under sub-paragraph (4)(b) must be—

(a)where the appointment is made by a local probation board, an officer of that board;

(b)where the appointment is made by a provider of probation services, an officer of that provider;

(c)where the appointment is made by a youth offending team, a member of that team.”

28(1)Paragraph 9 (general provision) is amended as follows.

(2)In sub-paragraph (3)—

(a)in paragraph (a)—

(i)for “a community service order” substitute “an adult community service order”;

“(aa)a youth community service order made or amended in the circumstances specified in paragraph 7 above shall be treated as if it were a youth rehabilitation order made in England and Wales and the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly;”.

33The Children Act 1989 has effect subject to the following amendments.

34(1)Section 21 (provision of accommodation for children in police protection or detention or on remand, etc.) is amended as follows.

(2)In subsection (2)(c)—

(a)in sub-paragraph (i), omit “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and “or” at the end of that sub-paragraph, and

(b)for sub-paragraph (ii), substitute—

“(ii)remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach etc. of youth rehabilitation orders); or

(iii)the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,”.

(3)After subsection (2) insert—

“(2A)In subsection (2)(c)(iii), the following terms have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 7 of that Act)—

“(c)a youth rehabilitation order made under Part 1 of the Criminal Justice and Immigration Act 2008 with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part);”.

(3)In paragraph 14—

(a)in sub-paragraph (1), for “order under section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”, and

(b)in sub-paragraph (2), after “direction” (in the second place it occurs) insert “or instruction”.

39Part 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation orders from Northern Ireland to England and Wales) has effect subject to the following amendments.

40(1)Paragraph 10 is amended as follows.

(2)In sub-paragraph (2)(b), for the words from “the local probation board” to the end substitute “—

(i)the local probation board for the area which contains the local justice area in which he resides or will reside or (as the case may be) a provider of probation services operating in the local justice area in which he resides or will reside, or

(ii)a youth offending team established by a local authority for the area in which he resides or will reside,”, and

(3)In sub-paragraph (3)(a), for the words from “an officer of a local probation board” to the end substitute “—

(i)an officer of a local probation board assigned to the local justice area in England and Wales in which the offender resides or will be residing when the order or amendment comes into force or (as the case may be) an officer of a provider of probation services acting in the local justice area in which the offender resides or will then be residing, or

(ii)a member of a youth offending team established by a local authority for the area in England and Wales in which the offender resides or will then be residing;”.

(b)in paragraph (a), for “or, as the case may be, community orders under Part 12 of that Act” substitute “, community orders under Part 12 of the Criminal Justice Act 2003 or, as the case may be, youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008”,

(d)in paragraph (b), after “2003” insert “or (as the case may be) paragraphs 20(4) and 21(1) to (3) of Schedule 1 to the Criminal Justice and Immigration Act 2008”, and

(e)in paragraph (b), at the end insert “or that paragraph”.

(4)In subsection (4A) at the end insert “(in any case where the offender has attained the age of 18 years) or in a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008 (in any other case)”.

(5)In subsection (5) for the words from “subject to subsection (6)” to the end substitute “subject to subsections (6) and (6A) below—

(a)Schedule 8 to the Criminal Justice Act 2003 shall apply as if it were a community order made by a magistrates' court under section 177 of that Act and imposing the requirements specified under subsection (4A) above (in any case where the offender has attained the age of 18 years); and

(b)Schedule 2 to the Criminal Justice and Immigration Act 2008 shall apply as if it were a youth rehabilitation order made by a magistrates' court under section 1 of that Act and imposing the requirements specified under that subsection (in any other case).”

(6)After subsection (6) insert—

“(6A)In its application to a probation order made or amended under this section, Schedule 2 to the Criminal Justice and Immigration Act 2008 has effect subject to the following modifications—

(a)any reference to the responsible officer has effect as a reference to the person appointed or assigned under subsection (1)(a) above,

(b)in paragraph 6, sub-paragraph (2)(c) is omitted and, in sub-paragraph (16), the reference to the Crown Court has effect as a reference to a court in Scotland, and

(c)Parts 3 and 5 are omitted.”

45(1)Section 242 (community service orders: persons residing in England and Wales) is amended as follows.

(2)In subsection (1)(a)—

(a)in sub-paragraph (ii), after “Part 12 of the Criminal Justice Act 2003)” insert “, in any case where the offender has attained the age of 18 years, or an unpaid work requirement imposed by a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), in any other case”, and

(b)in sub-paragraph (iii), after “section 177 of the Criminal Justice Act 2003” insert “or, as the case may be, imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008”.

(3)In subsection (2)(b)—

(a)after “that court” insert “, in any case where the offender has attained the age of 18 years,” and

(b)after “2003” insert “or it appears to that court, in any other case, that provision can be made for the offender to perform work under the order under the arrangements which exist in that area for persons to perform work under unpaid work requirements imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008”.

(4)In subsection (3)(b)—

(a)after “the board” insert “or (as the case may be) require a provider of probation services to appoint an officer of the provider,”,

(b)after “the order” insert “—

(a)”, and

(c)at the end insert “; or

(b)the functions conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008 in respect of unpaid work requirements imposed by youth rehabilitation orders (within the meaning of that Part) as the case may be.”

46(1)Section 244 (community service orders: general provisions relating to persons residing in England and Wales or Northern Ireland) is amended as follows.

(2)In subsection (3)(a)—

(a)after “2003)” insert “or, as the case may be, a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”, and

(a)for “or, as the case may be, community orders” substitute “, community orders”, and

(b)after “2003)” insert “or, as the case may be, youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”.

(4)In subsection (5)—

(a)for “or, as the case may be, a community order” substitute “, a community order”, and

(b)after “2003)” insert “or, as the case may be, a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”.

(5)In subsection (6)—

(a)for “or, as the case may be, community orders” substitute “, community orders”,

(b)after “within the meaning of Part 12 of the Criminal Justice Act 2003)” insert “or, as the case may be, youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)”, and

(c)after “the responsible officer under Part 12 of the Criminal Justice Act 2003” insert “or, as the case may be, under Part 1 of the Criminal Justice and Immigration Act 2008”.

47In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons detained under order of a court), for “community order under section 177 of the Criminal Justice Act 2003” substitute “youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008”.

51The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.

52In section 19(4)(a) (making of referral orders: effect on court’s other sentencing powers), for “community sentence” substitute “sentence which consists of or includes a youth rehabilitation order”.

53In section 73 (reparation orders)—

(a)for subsection (4)(b) substitute—

“(b)to make in respect of him a youth rehabilitation order or a referral order.”

(b)after subsection (4) insert—

“(4A)The court shall not make a reparation order in respect of the offender at a time when a youth rehabilitation order is in force in respect of him unless when it makes the reparation order it revokes the youth rehabilitation order.

(4B)Where a youth rehabilitation order is revoked under subsection (4A), paragraph 24 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation order) applies to the revocation.”

54In section 74(3)(a) (requirements and provisions of reparation order, and obligations of person subject to it), omit “or with the requirements of any community order or any youth community order to which he may be subject”.

(a)a person aged 16 or 17 is convicted of an offence (“the current offence”);

(b)on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine; and

(c)despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a youth rehabilitation order.

(2B)The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make such an order.”

(b)in paragraph (c), after “community sentence” insert “, other than one consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering,”, and

(c)after paragraph (c) insert—

“(ca)where the sentence consists of or includes a youth rehabilitation order with intensive supervision and surveillance and the case does not fall within paragraph 5(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008, state that it is of the opinion that section 1(4)(a) to (c) of that Act and section 148(1) of this Act apply and why it is of that opinion,

(cb)where the sentence consists of or includes a youth rehabilitation order with fostering, state that it is of the opinion that section 1(4)(a) to (c) of the Criminal Justice and Immigration Act 2008 and section 148(1) of this Act apply and why it is of that opinion,”.

(3)After subsection (4) insert—

“(4A)Subsection (4B) applies where—

(a)a court passes a custodial sentence in respect of an offence on an offender who is aged under 18, and

(b)the circumstances are such that the court must, in complying with subsection (1)(a), make the statement referred to in subsection (2)(b).

(4B)That statement must include—

(a)a statement by the court that it is of the opinion that a sentence consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering cannot be justified for the offence, and

(b)a statement by the court why it is of that opinion.”

81In section 176 (interpretation of Chapter 1)—

(a)omit the definition of “youth community order”, and

(b)at the end add—

““youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008;

“youth rehabilitation order with fostering” has the meaning given by paragraph 4 of Schedule 1 to that Act;

“youth rehabilitation order with intensive supervision and surveillance” has the meaning given by paragraph 3 of Schedule 1 to that Act.”

(a)in subsection (3), for “appropriate officer” substitute “officer of a local probation board or an officer of a provider of probation services”, and

(b)omit subsection (4).

85In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “an officer of a local probation board or an officer of a provider of probation services”.

86In section 202 (programme requirement), in subsection (4)(a), for sub-paragraphs (i) and (ii) (but not the “and” immediately following sub-paragraph (ii)) substitute “by an officer of a local probation board or an officer of a provider of probation services”.

87In section 203(2), for paragraphs (a) and (b) substitute “an officer of a local probation board or an officer of a provider of probation services”.

88In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i) and (ii) substitute “by an officer of a local probation board or an officer of a provider of probation services, and”.

“(7)A requirement to attend at an attendance centre for any period on any occasion operates as a requirement, during that period, to engage in occupation, or receive instruction, under the supervision of and in accordance with instructions given by, or under the authority of, the officer in charge of the centre, whether at the centre or elsewhere.”

Part 2Related amendments

100In section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children or young persons are concerned), in subsection (13)(g)(ii), for “the Powers of Criminal Courts (Sentencing) Act 2000” substitute “Part 1 or 2 of Schedule 15 to the Criminal Justice Act 2003”.

105In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children in police protection or detention or on remand, etc.), after sub-paragraph (i) insert—

“(ia)remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach etc. of referral orders and reparation orders);”.

“Power to adjourn hearing and remand offender

9ZA(1)This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates' court in proceedings under this Part of this Schedule.

(2)The court may adjourn the hearing, and, where it does so, may—

(a)direct that the offender be released forthwith, or

(b)remand the offender.

(3)Where the court remands the offender under sub-paragraph (2)—

(a)it must fix the time and place at which the hearing is to be resumed, and

(b)that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4)Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a)it may fix the time and place at which the hearing is to be resumed, but

(b)if it does not do so, it must not resume the hearing unless it is satisfied that the persons mentioned in sub-paragraph (5) have had adequate notice of the time and place for the resumed hearing.

(5)The persons referred to in sub-paragraph (4)(b) are—

(a)the offender,

(b)if the offender is aged under 14, a parent or guardian of the offender, and

(c)a member of the youth offending team specified under section 18(1)(a) as responsible for implementing the order.

(6)If a local authority has parental responsibility for an offender who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference in sub-paragraph (5)(b) to a parent or guardian of the offender is to be read as a reference to that authority.

(7)In sub-paragraph (6)—

“local authority” has the same meaning as it has in Part 1 of the Criminal Justice and Immigration Act 2008 by virtue of section 7 of that Act,

“parental responsibility” has the same meaning as it has in the Children Act 1989 by virtue of section 3 of that Act, and

“social services functions” has the same meaning as it has in the Local Authority Social Services Act 1970 by virtue of section 1A of that Act.

(8)The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(9)This paragraph—

(a)applies to any hearing in proceedings under this Part of this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b)is not to be taken to affect the application of that section to hearings of any other description.”

(d)in sub-paragraph (7), for “the appropriate court”, in each place it occurs, substitute “the relevant court”.

(6)After paragraph 6 insert—

“Power to adjourn hearing and remand offender

6A(1)This paragraph applies to any hearing relating to an offender held by a youth court in any proceedings under this Schedule.

(2)The court may adjourn the hearing, and, where it does so, may—

(a)direct that the offender be released forthwith, or

(b)remand the offender.

(3)Where the court remands the offender under sub-paragraph (2)—

(a)it must fix the time and place at which the hearing is to be resumed, and

(b)that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4)Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a)it may fix the time and place at which the hearing is to be resumed, but

(b)if it does not do so, it must not resume the hearing unless it is satisfied that the persons mentioned in sub-paragraph (5) have had adequate notice of the time and place for the resumed hearing.

(5)The persons referred to in sub-paragraph (4)(b) are—

(a)the offender,

(b)if the offender is aged under 14, a parent or guardian of the offender, and

(c)the responsible officer.

(6)If a local authority has parental responsibility for an offender who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference in sub-paragraph (5)(b) to a parent or guardian of the offender is to be read as a reference to that authority.

(7)In sub-paragraph (6)—

“local authority” has the same meaning as it has in Part 1 of the Criminal Justice and Immigration Act 2008 by virtue of section 7 of that Act,

“parental responsibility” has the same meaning as it has in the Children Act 1989 by virtue of section 3 of that Act, and

“social services functions” has the same meaning as it has in the Local Authority Social Services Act 1970 by virtue of section 1A of that Act.

(8)The powers of a youth court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(9)This paragraph—

(a)applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b)is not to be taken to affect the application of that section to hearings of any other description.”

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